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(영문) 부산지방법원 동부지원 2015.11.04 2015고단1573
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 6, 2009, the Defendant was sentenced to a fine of 500,000 won for a crime of violation of the Road Traffic Act at the Changwon District Court on July 6, 2009, and on September 27, 2012, the Defendant was sentenced to a fine of 2 million won for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 27, 2012 and was punished for a drunk driving

【Criminal Facts】

On September 2, 2015, at around 00:23, the Defendant driven a BNp vehicle with approximately 4 km from September 2, 2015, to the front of the solar industry located in the Geum-gu, Busan, U.S., Busan, without obtaining a driver’s license, while driving a BNp vehicle with the blood alcohol concentration of at least 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of inquiry reports, such as criminal records, and investigation reports (report on attachment of same criminal records) statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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